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HomeMy WebLinkAbout04007_Lewith Textile LURU_Model_20170913NC BROWNFIELDS LAND USE RESTRICTIONS (“LUR”) UPDATE Year Certification Made: 2017 Name: Lewith Textile Project #: 04007-00-060 Address: Wilkinson Boulevard County: Mecklenburg Property Owner (In part or whole): ____________________________ Read the following LURs and mark each restriction accordingly. Additional remarks may be added for compliance status clarification. Attach any required or supplemental documentation, sign, notarize and submit to the following address: NC Division of Waste Management Attn: Brownfields Program Staff 1646 Mail Service Center Raleigh, NC  27699-1646 No water supply wells may be installed or used at the Property. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ No mining activities may be conducted on the Property. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ No activities which result in direct exposure to or removal of groundwater (for example, construction or excavation activities which encounter or expose groundwater) may be conducted on the Property without prior sampling and analysis of groundwater in the area where such activities are to be conducted, submittal of the analytical results to the Department of Environmental Quality (“DEQ”) or its successor in function along with plans and procedures to protect human health and the environment during those activities, and approval of those activities by DEQ or its successor in function. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ No fountains, ponds, lakes, swimming pools or other items which are supplied, in whole or in part, by groundwater may be constructed on the Property. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Within seven (7) days of each anniversary of the effective date of the Brownfields Agreement (“Agreement”), the owner(s) of each portion of the Property shall submit a notarized Land Use Restriction Update to DEQ certifying that the Notice of Brownfields Property remains recorded at the Mecklenburg County Register of Deeds office, and that the land use restrictions contained in the Notice of Brownfields Property are being complied with. The obligations of this paragraph to submit a notarized Land Use Restrictions Update to DEQ may alternatively be performed by a duly organized property owners’ association, or similar entity representing the owners of all the Property, if such association or entity has agreed to accept responsibility for compliance with this paragraph pursuant to a notarized instrument satisfactory to DEQ. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Notarized signing and submittal of this Land Use Restrictions Update constitutes certification that the Notice of Brownfields Property remains recorded at the Mecklenburg County Register of Deeds office and that the Land Use Restrictions are being complied with. This Land Use Restrictions Update is certified by _____________, owner of at least part of the Brownfields Property on this ___ day of _________, 20__. Name typed or printed of party making certification: __________________ [Note: additional entities or owners may be added if appropriate (i.e. multiple managing members/entities)] By: __________________________ (signature) Name typed or printed: __________________ Title typed or printed: ___________________ NORTH CAROLINA __________ COUNTY I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: ______________________. Date: ____________ ___________________________________ Official Signature of Notary ____________________________________ Notary’s printed or typed name, Notary Public (Official Seal) My commission expires: _________________